How to Obtain Legal Residency Through Marriage in Wisconsin

Obtaining legal residency through marriage in Wisconsin is an important process for foreign nationals marrying U.S. citizens or permanent residents. This process allows individuals to live and work legally in the United States. Below is a comprehensive guide on how to navigate the legal residency process through marriage in Wisconsin.

1. Eligibility Requirements

To qualify for legal residency through marriage, the following criteria must be met:

• The marriage must be legally recognized in Wisconsin.
• The couple must demonstrate a bona fide marital relationship, meaning the marriage is genuine and not entered into for the purpose of obtaining residency.
• The U.S. citizen or permanent resident spouse must be able to financially support the foreign spouse, meeting specific income requirements set by the U.S. government.

2. Filing the Petition

The first step in obtaining legal residency is filing Form I-130, Petition for Alien Relative. This form establishes the validity of the marriage and the eligibility of the foreign spouse. The U.S. citizen or permanent resident spouse must file this form with the U.S. Citizenship and Immigration Services (USCIS).

3. Adjustment of Status

If the foreign spouse is already in the U.S., they may apply for an Adjustment of Status using Form I-485, Application to Register Permanent Residence or Adjust Status. This process allows the foreign spouse to transition from a non-immigrant status to a permanent resident status. If the spouse is outside the U.S., they will go through consular processing in their home country after the I-130 petition is approved.

4. Preparing Documentation

To support the application, both spouses need to provide various documents, including:

• Copies of marriage certificates.
• Evidence of the bona fide nature of the marriage, such as joint bank statements, lease agreements, photographs, and affidavits from friends and family.
• Proof of the U.S. citizen or permanent resident's financial status.
• Identification, such as passports and birth certificates.

5. Attending the Interview

USCIS will schedule an interview for both spouses as part of the application process. During this interview, they will ask questions to assess the legitimacy of the marriage. It's crucial to prepare thoroughly for this meeting, ensuring both spouses can provide consistent answers regarding their relationship.

6. Waiting for Approval

After the interview, the application may be approved or denied. If approved, the foreign spouse will receive a green card. If the marriage is less than two years old, the spouse is granted a conditional green card, which is valid for two years. To remove conditions, the couple must file Form I-751, Petition to Remove Conditions on Residence, together before the green card expires.

7. Ongoing Legal Obligations

It is important for couples to understand that they must continue to comply with immigration laws. This includes keeping the USCIS informed of any address changes. Additionally, both spouses should be prepared to demonstrate the legitimacy of their ongoing marriage status if requested by the authorities.

8. Seeking Legal Assistance

While it is possible to navigate the residency process independently, many couples find it beneficial to seek legal assistance. An immigration attorney can provide guidance, help organize documentation, and prepare both spouses for the interview, increasing the chances of a successful application.

In summary, obtaining legal residency through marriage in Wisconsin involves several steps, including filing the right petitions, preparing documentation, attending an interview, and maintaining compliance with immigration laws. By following the outlined steps and possibly seeking legal guidance, couples can successfully navigate this important process.